PEOPLE v. ORTIZ


30 A.D.2d 510 (1968)

The People of the State of New York, Respondent, v. Carlos Ortiz, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

November 7, 1968.


Attorney(s) appearing for the Case

Emanuel P. Popolizio of counsel (Anthony F. Marra, attorney), for appellant.

Daniel J. Sullivan of counsel (Burton B. Roberts, Acting District Attorney), for respondent.

STEUER, J. P., McGIVERN and McNALLY, JJ., concur with TILZER, J.; RABIN, J., dissents in opinion.


TILZER, J.

In the course of robbing Alexander Helmer, a man in his seventies, the then 17-year-old defendant-appellant Carlos Ortiz confessed that he held the old man's arms while his companion stabbed Helmer to his death. Carlos' brother, Alfred, and a third individual, Valencia, of the four men implicated in the murder, also confessed to their complicity in the crime. Upon a second trial, the Ortiz brothers were convicted of felony murder and each was...

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